Best Car Accident Lawyers Madison, WI Of 2024 – Forbes Advisor – Technologist

Car accidents contribute to a major portion of traffic-related injuries and fatalities every year. If you drive a car, it is important for you to understand your rights and duties while driving in case of a car accident. Below is a brief guide to the car accident laws in Wisconsin.

Wisconsin Statute of Limitations for Car Accident Cases

If you are injured in a car accident, you have three years from the accident date to file a case against the person who caused the accident. If, however, a person dies due to their accident injuries, the statute of limitations is two years starting from the date of the death.

It’s important that you take action against the other party within the time limit; otherwise, you may not be able to recover any compensation for your damages. You should file your claim with the insurance companies as soon as possible and start the settlement discussions, so you still have the time to approach the court if you are not satisfied with the settlement offer.

Wisconsin Laws for Car Drivers

• Reporting requirements. Any car accident that leads to injury, death or personal property damage of over $1,000 must be reported to the county or municipality police department, sheriff’s department, traffic department or state traffic patrol officer. The driver or the passenger can make the report using the quickest mode of communication available.
• Insurance requirements. Every driver in Wisconsin must carry car insurance (or similar proof of financial security) with the minimum coverage of $25,000 for bodily injury or death of one person per accident, $50,000 for total bodily injury or death liability per accident and $10,000 for property damage per accident. The higher the limit on your policy, the lower your chances of losing your assets to pay off compensation.
• Uninsured motorist coverage. Along with the minimum required liability coverages, you must also get a minimum uninsured motorist coverage of at least $25,000 per person and $50,000 per accident. If you or your family members are ever injured in a hit-and-run case or an accident caused by an uninsured driver, this coverage can compensate for your losses.
• Claims against the government. If you are injured by a state officer, employee or agent during their work, you cannot file a civil lawsuit against them without first serving a written notice to the attorney general within 120 days from the accident. The notice must contain the circumstances, time, date and location of the accident along with the name of the employee or agent.
• Damage caps. In car accident personal injury matters, Wisconsin caps the damages only in claims against the state and the local government. You cannot recover more than $250,000 if you are injured by a state officer, employee or agent or $50,000 if you are injured by agents or employees of local governmental bodies.

Identifying Fault for Car Accidents in Wisconsin

Wisconsin utilizes a fault-based insurance system in car accident matters. This means the party responsible for causing the accident pays for the damages suffered by the victim. The amount of compensation is determined by the modified comparative negligence doctrine—if the victim contributed to the negligence, their final compensation is reduced by the percentage of their negligence. Any party that was more than 50% responsible for causing the accident cannot claim any compensation.

For example, let’s say you were injured in a car crash caused by a vehicle jumping the light while you were driving a little bit over the speed limit. In this case, the judge or the jury will determine the percentage of your responsibility in causing the accident, and your verdict amount will be reduced by this percentage. The insurance claims adjuster may also reduce the settlement offer based on their assessment of your contribution to the accident.

Your lawyer can help you prepare arguments to negotiate with the adjuster and persuade the jury that you did not contribute to the car accident or your contribution was minimal.